VAGRANCY ORDINANCE

VAGRANCY ORDINANCE

CHAPTER 229.

VAGRANCY.

Toamend the law relating to vagrants, destitutes and
mendicants.
[22nd November, 1897.]

1. This Ordinance may be cited as the Vagrancy
Ordinance.

2. In this Ordinance-
'agent' of a vessel includes any person who undertakes the
agency of such vessel, although he may not be the con-
signee thereof;
'destitute' means any person who is, or is likely to be, a
charge upon public funds or private charity by reason
of mental or bodily ill-health or insufficiency of means
to support himself and his dependants (if any);
'mendicant' means any person wandering abroad, or placing
himself or herself in any public place, street, highway,
court, passage or waterway to beg or gather alms, or
causing or procuring or encouraging any child or
children so to do; and 'mendicancy' shall be inter-
preted accordingly;
'vagrant' means any person, other than a Chinese, found
asking for alms or being without either employment or
visible means of subsistence or being a prostitute, pro-
vided however that no action shall be taken under the
provisions of this Ordinance against any prostitute save
under the authority of the Governor in Council.

3. (1) The Governor may provide houses of detention
for vagrants and may appoint superintendents thereof and
other officers and may remove them at pleasure.

(2) The Governor may by notification certify any build-
ing or part of a building to be a house of detention.

(3) Every house of detention shall be under the im-
mediate charge of the superintendent thereof.

4. Any police officer may require any person who is
apparently a vagrant to accompany him or any other police
officer to, and to appear before, a magistrate. [5





5. The magistrate shall, in such case or in any other
case where a person apparently a vagrant comes before him,
make a summary inquiry into his circumstances and, if
satisfied that he is a vagrant, shall declare him to be such,
adding, where practicable, any prior date from which, in his
opinion, such person has, in this Colony, been a vagrant. [6

6.If the magistrate is further of opinion that such
vagrant is not likely to obtain employment at once, or if he
has reason to believe that a declaration of vagrancy has on
any former occasion been recorded in respect of such vagrant,
he shall require him to go to a house of detention, and shall
draw up an order to that effect. [7

7.Such vagrant shall then be placed in charge of a
police officer and the said order shall be a sufficient authority
to any police officer for retaining him in his charge while
such vagrant is on his way to a house of detention, and to
the superintendent thereof for receiving and detaining such
vagrant. [8

8. (1) Where the magistrate dealing with such vagrant
is of opinion that he is likely to obtain employment in the
Colony, he may send him in charge of a police officer to the
place where such employment is likely to be obtained, and
shall draw up an order to that effect.

(2) Such order shall be a sufficient authority to any
police officer for retaining the vagrant in his charge while
such vagrant is on his way to such place of employment, and
afterwards, in case he does not succeed in obtaining such
employment. [9

9. (1) The magistrate dealing with any vagrant shall,
to the best of his ability, assist him in seeking employment,
and may direct that in the meantime, subject to the provi-
sions of subsection (2), the vagrant shall be kept in police
custody.

(2) If the vagrant fails to obtain suitable employment
within a reasonable time, not exceeding at the most seven
days, the magistrate shall send him to a house of detention,
as provided in section 6.





10. Every vagrant detained in a house of detention shall
be allowed the same scale of diet as is allowed to adult
prisoners who have completed the first seven days of their
imprisonment. [12

11. Every vagrant admitted to a house of detention shall
be subject to the same regulations as are prisoners in a prison
with respect to-
(a) search of his person, clothing, and effects;
(b) custody of his clothing and effects;
(c) the wearing of a distinctive dress;
(d) personal cleanliness; and
(e) hours, meals, labour, and general conduct:
Provided always that such regulations may be modified in
relation to vagrants by regulations approved by the Governor
in Council, and further, that any money or effects of any
vagrant may be applied towards the expense of carrying this
Ordinance into execution for his benefit. [13

12. Any vagrant who knowingly disobeys any regula
tion shall be liable to the same punishment as if he were a
misdemeanant in prison. [14

13. The superintendent of everv house of detention shall
forward weekly to the Director of Marine a list of such
vagrants under his charge as are seamen, and shall otherwise
use his best endeavours to obtain suitable employment outside
such house for the vagrants admitted thereto. [15

14. Any vagrant may be allowed to enter into an agree-
ment in writing with the Colonial Secretary, binding himself
to embark on board such ship and at such time as the
superintendent of the house of detention in which such
vagrant is detained may direct, for the purpose of being
removed from the Colony at the expense of the Government,
to rema in on board until such ship has arrived at the port
named in such agreement, and not to return to the Colony
within five years. [17

15. Every such agreement may be on unstamped paper,
and shall be in the form in the Schedule or as near thereto
as may be. [18





16. The cost of the removal from the Colony of any
vagrant under this Ordinance shall be defrayed by the
Government, subject to the provisions hereinafter contained
for its refund. [19

17. (1) When a vagrant has entered into such agree-
ment, unless, in the opinion of the superintendent of the
house of detention in which such vagrant is detained, suitable
employment for him is likely to be speedily found, such
superintendent may enforce such agreement and cause such
vagrant to be removed from the Colony, and, if he deems it
desirable, may call in the assistance of the police to place
such vagrant on board ship, and he may be detained on
board and shall be deemed in lawful custody while the ship
is within the waters of the Colony.

(2) If, after the lapse of a reasonable time, no suitable
employment has been found for a vagrant detained in a
house of detention, and he has not entered into the agree
ment hereinbefore mentioned, or it is not thought desirable
to remove him from the Colony, the superintendent of such
house of detention may cause sections 24 and 28 to be read to
such vagrant and may then release him. [20

18.(a) Whenever any person, not being a Chinese,
arrives in the Colony, under an engagement to serve
any person, firm, company, association, or body of
persons, in any capacity; and
(b)whenever a non-commissioned officer or soldier in
His Majesty's army leaves the army in the Colony,
under such an engagement; and
(c)whenever any seaman, other than a Chinese, is dis-
charged from his ship in the Colony, without the
sanction of the Superintendent of the Mercantile
Marine Office or his deputy, and without reasonable
provision having been made as to his subsistence,
or, not being a deserter, is wrongfully left behind
in the Colony,
and within six months from the date of such arrival, leaving,
the army, or discharge, such person, non-commissioned officer
or soldier, or seaman respectively becomes chargeable to the
Colony as a vagrant, then, in cases within paragraphs (a)
and (b), the person, firm, company, association, or body of





persons with whom such engagement was made, and, in
cases within paragraph (c), the master of the ship from which
such seaman has been so discharged or by whom he has been
so left behind, shall respectively be liable, to repay to the
Government all costs and charges incurred on his behalf
since he became a vagrant, including hospital costs and
charges and the cost of his removal under this Ordinance.
Such person shall be deemed to have become a vagrant at
and from the date mentioned in the magistrate's declaration
as that from which, in his opinion, such person has been
a vagrant. [21

19. The master of any ship, British or foreign, which
brings into the Colony any person, other than a Chinese and
not having been shipwrecked, who within two months from
the time of his arrival becomes chargeable to the Colony as
a vagrant shall be liable to repay to the Government all costs
and charges incurred on behalf of the said person, unless it
be proved, to the satisfaction of the court, that the said per
son, at the time of his arrival, either was under an engage
ment as provided in section 18, or was possessed of not less
than fifty dollars : Provided that where the person so
brought into the Colony came as a stowaway, the master
shall incur no such liability if such stowaway is promptly
handed over to the police on the arrival of the ship and is
duly prosecuted under any Ordinance relating to stowaways
or any other enactment applying to the case, and no money
or compensation in respect of such person's passage is paid
or received. [22

20. In the absence of the master of a ship, or if such
master departs from the Colony before repaying such costs
and charges as are mentioned in sections 18 and 19, the
owner, agent, and consignee of such ship at the time the
person landed, or, in the case of a seaman discharged or
left behind, at the time of such discharge or of his being
so left behind, shall be liable to repay such costs and charges
to the Government. [23

21. Such costs and charges shall be recoverable - by action
as if an express agreement to repay them had been entered
into with the Colonial Secretary by the person, firm, com-
pany, association, body, master, owner, agent, or consignee
chargeable. [24





22. (1) Any police officer may require any person who
is apparently a mendicant or a destitute to accompany him
or any other police officer to, and to appear before, a
magistrate.

(2) The magistrate shall, in such case, and may in any
other case where a person apparently a mendicant or a
destitute comes before him, make a summary inquiry into his
circumstances and, if satisfied that he is a mendicant or a
destitute and that he is unable to prove either that he is or
has the status of a British subject or that he has been ordin-
arily resident in the Colony for a period of seven years or
more, may if he thinks fit declare him to be a mendicant or
destitute to whom this section of this Ordinance applies and
order him to be expelled from the Colony. Such order
may be made in lieu of or in addition to any conviction
or sentence under section 24, 27 or 28.

(3) Any such order shall have the effect of authorizing
any police officer to arrest and detain such person and to do
all such other acts as may be necessary to enable such person
to be expelled from the Colony and repatriated to the country
of which he appears to be a national or sent to some other
destination without the Colony chosen by such person and
approved by the Commissioner of Police.

(4) If any person expelled from the Colony under this section
reutrns thereto within a period of ifve years from the date of
the order for his expulsion, unless with and in accordance with
the permission in writing of the Commissioner of Police, he shall
be guilty of an offence and liable on summary conviction to
imprisonment for six weeks and to a recommendation for deportation
under section 8 of the Deportation of Aliens Ordinance. [24A

23. (1) In any proceeding under this Ordinance, a certi-
fied copy of the declaration of the magistrate shall be privia
facie evidence that the person therein referred to was
a vagrant from the date of such declaration, and also from
any earlier date in such declaration mentioned as that from
which, in the magistrate's opinion, such person has been a
vagrant.

(2) As regards costs and charges incurred by the Colony
on behalf of a destitute person or of a vagrant, the follow-





ing documents shall be prima facie evidence that they have
been incurred-
(a)as regards hospital charges, a written statement
signed or purporting to be signed by the Director of
Medical and Health Services; and
(b)as regards other costs and charges, including those
of removal, if any, a written statement thereof signed
or purporting to be signed by the Colonial Secretary.
[25

24. Any person, being apparently a vagrant, a mendi-
cant or a destitute, who refuses or fails to accompany a police
officer to or to appear before a magistrate when required to
do so for the purposes of this Ordinance may be arrested
without warrant, and shall upon summary conviction be
liable to imprisonment for one month. [26

25. Any vagrant who escapes from the police whilst
committed to their charge under this Ordinance, or who
leaves a house of detention without' permission from the
superintendent thereof, or who, having with such permission
left a house of detention for a limited time or a specified
purpose, fails to return on the expiration of such time or
when such purpose has been accomplished or proves to be
impracticable, shall upon summary conviction be liable to
imprisonment for three months. [27

26. Any person who enters into an agreement under
section 14 and wilfully violates that agreement in any respect
shall upon summary conviction be liable to imprisonment
for three months. [28

27. (1) Mendicancy is forbidden.

(2) Any person who is guilty,of mend icancy shall upon
summary convictio be liable to a fine of five hundred dollars
or to imprisonment for one month. [28A


28. Any person who asks for alms in a threatening or
insolent manner, or continues to ask for alms of any person
after he has been required to desist, shall upon summary con-
viction be liable to imprisonment for three months. [29

29. The Governor in Council may make rules for the
guidance of officers in matters connected with this Ordinance.
[30





SCHEDULE. [s. 15.]

FORM OF AGREEMENT TO LEAVE THE COLONY.

ARTICLES OF AGREEMENT made this day of
19, between the Colonial Secretary of Hong Kong of the one
part and A.B., of etc., [the vagrant] of the other part: Each of
the parties hereto (so far as relates to the acts on his own part to
be performed) hereby agrees with the other of them as follows-

1. The said A.B. shall embark on board such ship, and at such
time, as the superintendent of the house of detention at
shall direct.

2. The said A.B. shall remain on board such ship until such
ship shall have arrived at the port of

3. The said A.B. shall not return to Hong Kong until five years
shall have elapsed from the date of such embarkation, unless he shall
be specially permitted to return by the Governor of Hong Kong.

4. The said Colonial Secretary of Hong Kong shall contract
with the owner of such ship or his agent for the passage of the said
A.B. on board such ship, and for his subsistence during the voyage
for which he shall embark as aforesaid.

In witness whereof the said Colonial Secretary of Hong Kong
and the said A.B. have hereunto set their hands the day and year
first above written.

(Signed) Colonial Secretary.
Originally 25 of 1897. Fraser 9 of 1897. 41 of 1939. 22 of 1950. Short title. Interpretation. 41 of 1939, s. 3. 5 Geo. 4, c. 83, s. 3. Houses of detention, and officers thereof. Taking of vagrant before magistrate. Power of magistrate to declare person a vagrant. Committal of vagrant to a house of detention. Power to detain vagrant on order of committal. Power to magistrate to send vagrant to place of employment. Magistrate to assist vagrant in seeking employment. Scale of diet for vagrant. Regulations for government of vagrants. Punishment for misconduct. List of seamen vagrants to be sent to Director of Marine. Agreement by vagrant to leave the Colony. Form of agreement Schedule. Cost of removal of vagrant. Removal of vagrant from the Colony. Liability of certain persons to repay costs incurred by Government in resect of vagrant. Liability of shipmaster bringing into Colony person who becomes vagrant. Liability of owner, etc., in absence of shipmaster. Recovery of costs and charges. Expulsion of mendicant or destitute. 41 of 1939, s. 4. (Cap. 240). Evidence in proceeding under the Ordinance. Arrest without warrant. 41 of 1939, s. 5. Penalty for escape. Breach of agreement under s. 14. Punishment of person convicted of mendicancy. 22 of 1950, Schedule. Punishment of person asking aims in threatening manner, etc. Rules.

Originally 25 of 1897. Fraser 9 of 1897. 41 of 1939. 22 of 1950. Short title. Interpretation. 41 of 1939, s. 3. 5 Geo. 4, c. 83, s. 3. Houses of detention, and officers thereof. Taking of vagrant before magistrate. Power of magistrate to declare person a vagrant. Committal of vagrant to a house of detention. Power to detain vagrant on order of committal. Power to magistrate to send vagrant to place of employment. Magistrate to assist vagrant in seeking employment. Scale of diet for vagrant. Regulations for government of vagrants. Punishment for misconduct. List of seamen vagrants to be sent to Director of Marine. Agreement by vagrant to leave the Colony. Form of agreement Schedule. Cost of removal of vagrant. Removal of vagrant from the Colony. Liability of certain persons to repay costs incurred by Government in resect of vagrant. Liability of shipmaster bringing into Colony person who becomes vagrant. Liability of owner, etc., in absence of shipmaster. Recovery of costs and charges. Expulsion of mendicant or destitute. 41 of 1939, s. 4. (Cap. 240). Evidence in proceeding under the Ordinance. Arrest without warrant. 41 of 1939, s. 5. Penalty for escape. Breach of agreement under s. 14. Punishment of person convicted of mendicancy. 22 of 1950, Schedule. Punishment of person asking aims in threatening manner, etc. Rules.

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